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K.Niranjan Reddy vs S.Babu on 11 March, 2019



DATED: 11.03.2019



Crl.O.P.(MD) No.14732 of 2012
and M.P.No.1 of 2012

1.K.Niranjan Reddy


3.K.Rajitha … Petitioners


S.Babu … Respondent

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.,
praying to call for the records and quash the proceedings on the file
of the Judicial Magistrate, No.I, Madurai, in C.C.No.37 of 2009.

For Petitioners : Mr.V.Janakiramulu

For Respondent : Mr.G.Karuppasamy Pandian


Babu has lodged a private complaint in C.C.No.37/2009

before the Judicial Magistrate, No.I, Madurai, against Siddarthanan

(A1), Raguram (A2), Niranjan Reddy (A3), Navaneethamma (A4),

(A5) and Ramesh (A6), for quashing which, A3, A4 and A5

are before this Court.

2. Heard Mr.V.Janakiramulu, counsel for the

petitioners/accused and Mr.G.Karuppasamy Pandian counsel for the


3. It is the case of the complainant that Siddharthanan

(A1) and Raghuram (A2) approached him and told him that A3, A4

and A5 are in possession of shares of Dr.Reddy’s Lab, Infosys,

Wipro, TATA Steel etc and that they (A1 and A2) are the power

agents of A3 to A5; that they will obtain the shares for the

complainant on payment of commission; accordingly, the

complainant agreed to purchase the shares and the shares were

transferred on 28.03.2006 in favour of the complainant; that A1 and

A2 asked the complainant to give Rs.40 lakhs as commission and

the complainant also agreed and gave the amount; the amount was

credited into the UTI Account of the complainant on 03.04.2006;

when the complainant wanted to withdraw the amount, Ramesh

(A6) the Deputy Manager of UTI Bank told him that the Andhra

Police have registered a case against the complainant and therefore,

the amount has been frozen. Under such circumstances, the

complainant has filed the present prosecution alleging that all the

accused had conspired to cheat him.

4. On the contrary, even in the complaint, the complainant

has stated that a case in Crime No.80/2006 has been registered

against him by the Andhra Pradesh Police under Section 406 IPC on

the complaint given by Niranjan Reddy (A3) herein on the allegation

that the complainant herein has manipulated the shares and have

illegally transferred the amount into his bank account.

5. Per contra, Mr.G.Karuppasamy Pandian, submitted that

all the accused have conspired to cheat the complainant herein.

6. This Court gave its anxious considerations to the rival


7. On a complete reading of the complaint in C.C.No.

37/2009, even according to the complainant, the transactions are of

the year 2006. The Andhra Police have registered a case against the

complainant herein in Crime No.80/2006 in respect of the same

share transactions. In the opinion of this Court, the private

complaint by the complainant herein is only to thwart the

prosecution that has been launched against him by the Andhra


8. In the result, the present private complaint is a sheer

abuse of process of law and the same is quashed not only against

the petitioners herein, namely, Niranjan Reddy (A3),

Navaneethamma (A4) and Rajitha (A5), but also against the other

accused, namely, Siddharthanan (A1), Raghuram (A2) and Ramesh

(A6). Accordingly, the criminal original petition is allowed.

Consequently connected Miscellaneous Petition is closed.




The Judicial Magistrate, No.I



Crl.O.P.(MD)No.14732 of 2012
and M.P.No.1 of 2012


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